GRAVES, Presiding Judge.
Appellant was charged by indictment with the offense of burglary, and upon his trial he was convicted by a jury and assessed a penalty of seven years' confinement in the state penitentiary.
It is shown by the facts that on the night of July 8, 1953, someone broke a window in the Browning Barbecue Stand located at 1321 Wood Street in the city of Dallas, Texas, in what is called "down-town Dallas" and from this place there was taken...
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